22 Sentencing Principles Flashcards
What does the Judicial Indications of Sentence do?
Sets out detailed procedure for an application for indication of maximum sentence that would be passed if guilty plea
True or False: Court should not give indication of sentence unless accused seeks it?
True
What happens to Sentence indication where the sentence will vary depending on the plea?
The Judge has to give the indication of sentence after the plea
Before giving indication, what must first happen?
If this does not happen, then what should happen?
Must be an agreed, written basis of
Judge should refuse to give indication
What happens if accused does not plead guilty after reasonable opportunity to consider position in light of indication?
The indication ceases to have effect
What happens once the indication is given?
On who is this change affecting?
It becomes binding on the judges responsible for the case
The Judge
When does an indication cease to be binding?
When relevant guideline/authority/sentencing council say so
True or False: Court may refuse or postpone indication without reason?
True
True or False: Judges must give reason for refusing or postponing an indication of sentence?
False
What may Judges do if they refuse or postpone an indication of sentence
Judges may give an explanation and indicate when they may be willing to give an indication
True or False: if accused is refused an indication, that is it?
False. remains open to accused to make further requests at later stages
True or False: Court can initiate an indication of sentence to accused?
False. Court should not initiate
Who should normally start the process of seeking an indication of Sentence?
Defence
True or False: Prosecution must start the process of seeking an indication of Sentence?
Why?
False. Defence normally starts the process of seeking an indication of Sentence
What are the DO NOTs when it comes to indication of sentence?
The accused advocate should not seek indication w/o signed authority that accused wishes to seek it
Seek an indication while there is uncertainty between prosecution and defence about plea
Seek an indication from the court for levels of sentence which depend on possible different pleas
What should the defence advocate ensure the client is aware of in terms of Sentence Indication?
Client should not plead guilty unless actually guilty
Any sentence indication remains subject to entitlement of A-G
Any indication given, relates only to the matters the indication was sought
Any indication given reflects the situation at the time when given and if guilty plea is not entered = indication ceases to have effect
What do Sentence indications remain subject to?
Entitlement of A-G
What happens if Guilty plea is not entered when indication is already given?
The indication ceases to have effect
True or False: Once accused acquires indication, they can use it in all matters of their case? Why?
False. Indication given, relates only to the matters the indication was sought
What must happen if accused agrees to the indication?
Must be in writing
True or False: unrepresented parties cannot seek an indication of sentence?
False.
What can unrepresented parties do in relation to indication of sentence?
The accused is still entitled to seek indication of sentence on his/her own initiative
What should the court NOT take into account when considering reduction in sentence for guilty plea?
Strength of evidence against the Defendant
Who hears a Newton Hearing?
The Judge only
TRUE OR FALSE: A Newton hearing takes place in the presence of the jury?
False
TRUE OR FALSE: Witnesses are normally called and questioned during a Newton Hearing?
Why?
True.
Prosecution and Defence will call any relevant evidence so witnesses can be called by both sides
When is a Newton Hearing required?
If the dispute between the prosecution and defence is substantial
TRUE OR FALSE: A Newton hearing must be held whenever there is any dispute as to the fats between the Prosecution and the defence?
Why?
False. only If the dispute between the prosecution and defence is substantial
Under what circumstances will bail with curfew count as time served as part of the sentence imposed?
Where an offender has been remanded on bail subject to both a qualifying curfew condition and an electronic monitoring condition
TRUE OR FALSE: Any time spent remanded in custody counts as time served as part of the sentence imposed?
True
What is considered a ‘qualifying curfew’
curfew of more than 9 hours
TRUE OR FALSE: A hearing for an indication of sentence should normally take place in chambers? Why?
False. Must take place in open court
